The Study On State Immunity Of State-owned Enterprises

Under the background of economic globalization, the international civil and commercial exchanges become more frequent. The theory and practice of state immunity are developing from the traditional absolute immunity to the restrictive immunity. Problems and conflicts concerning with the immunity of States and their property also increases. The Chinese state-owned enterprises have been reformed currently, so they have grown. More and more state-owned enterprises go out to participate in international economic activities. Its activities and development are affected by the theories and practices of state immunity for the close and special relationship between the country and state-owned enterprises. Therefore, the question of the state immunity of state-owned enterprises get a lot of attentions.This paper studies problems which relate to state-owned enterprises and their state immunity. After introducing the concept and classification of state-owned enterprises and state immunity. The writer concludes that the state-owned enterprises have not been excluded from the subjects to State immunity. This paper uses Chinese state-owned enterprises as an example and analyzes the relationship between the state and the state-owned enterprises in state immunity, and finds their behaviors are different from the behaviors of the country. The state and state-owned enterprises are only responsible for their own behaviors, and solve their own debt problems. If state-owned enterprises do not get special authority and national identity, their behaviors don’t contain sovereign power, they should not enjoy State immunity. Other wise, if the national state-owned enterprises enjoyed immunity, the courts should give them immunity in its jurisdiction. Finally,this paper points out that China should change the attitude of absolute immunity to restrictive immunity, which is of great significance for the development of Chinese international contacts and the state-owned enterprises.